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<br />such applicable law, but, if any provision of this Mortgage or any other statement, instrument or <br />transaction contemplated hereby or relating hereto shall be held to be prohibited or invalid under <br />such applicable law, such provision shall be ineffective only to the extent of such prohibition or <br />invalidity, without invalidating the remainder of such provision or the remaining provisions of <br />this Mortgage or any other statement, instrument or transaction contemplated hereby or relating <br />hereto. <br />Section 5.5 Waiver of Jury Trial. Developer and City each irrevocably waives any <br />and all right to trial by jury in any legal proceeding arising out of or relating to this Mortgage or <br />any of the other Abatement Documents or the transactions contemplated hereby or thereby. <br />Section 5.6 Effect. This Mortgage is in addition and not in substitution for any other <br />guarantees, covenants, obligations or other rights now or hereafter held by City from any other <br />person or entity in connection with the Obligations. <br />Section 5.7 Assignability. City shall have the right to assign this Mortgage, in whole <br />or in part, or sell participation interests herein, to any person obtaining an interest in the <br />Obligations. <br />Section 5.8 Headings. Headings of the Sections of this Mortgage are inserted for <br />convenience only and shall not be deemed to constitute a part hereof. <br />Section 5.9 Fixture Filing. This instrument shall be deemed to be a Fixture Filing <br />within the meaning of the Minnesota Uniform Commercial Code, and for such purpose, the <br />following information is given: <br />Name and address of Debtor: Envision Company, LLC <br />10800 – 175th Ave NW <br />Elk River, MN 55330 <br />Attn: City Administrator <br /> <br />Name and address of <br />Secured Party: City of Elk River <br />13065 Orono Parkway <br />Elk River, MN 55330 <br />Attn: City Administrator <br /> <br />Description of the types (or <br />items) of property covered <br />by this Fixture Filing: See granting clause on pages 2 and 3 hereof. <br />Description of real estate <br />to which the collateral is <br />attached or upon which it <br />is or will be located: See Exhibit A hereto. <br />Some of the above-described collateral is or is to become fixtures upon the above- <br />described real estate, and this Fixture Filing is to be filed for record in the public real estate <br />C-14 <br />455958v10 SJS EL185-31 <br />